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Satish Kumar & Anr vs State & Anr on 25 August, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2426 / 2017

1. Satish Kumar S/o Late Sh. Om Prakash, Aged About 36 Years,
B/c Tiwari Brahmin

2. Smt. Vimla W/o Late Sh. Om Prakash, Aged About 60 Years,
B/c Tiwari Brahmin, Both Are R/o 66, IInd Floor, 6th Cross
Shivanand Nagar, Banglore.

—-Petitioners
Versus

1. State of Rajasthan

2. Smt. Anuradha @ Uma Pareek W/o Satish Kumar Tiwari D/o
Suresh Pareek, B/c Brahmin R/o Bada Baas, Marwar Mathania,
Tehsil-Osian, District-Jodhpur. (Complainant)

—-Respondents
__
For Petitioner(s) :Mr. AK Dobhal
For Respondent(s) :Mr. VS Rajpurohit, PP
__
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/08/2017

It is stated at the Bar that a compromise signed by all the

parties is submitted with the present petition. It is borne out from

the compromise that complainant is not inclined to proceed further

in the matter. Learned counsel for the parties have placed

reliance on a decision of Supreme Court in case of Gian Singh

V/s. State of Punjab Anr. [(2012) 10 SCC 303].

It is also submitted that upon the aforementioned

compromise, the learned court below vide order dated 07.04.2017

acquitted the petitioner of the offences under Sections 406 IPC,

however, has not acquitted the petitioner of the offence under
(2 of 2)
[CRLMP-2426/2017]

Section 498-A of IPC.

In view of compromise arrived at between the parties as well

as the aforesaid order dated 07.04.2017 of the learned court

below and applying the ratio in decision of Gian Singh Vs. State

of Punjab Anr. (supra), I deem it just and proper to invoke

inherent powers of this Court under Section 482 Cr.P.C.

Accordingly, the present misc.petition is allowed and the

petitioner is acquitted of the offence under Section 498-A of IPC

as well, in relation to Criminal Case No.48/2017 (9070/2015)

pending before the Learned Metropolitan Magistrate Jodhpur

Metropolitan in FIR No.45/2013, P.S. Mahila Jodhpur.

(DR. PUSHPENDRA SINGH BHATI)J.

sudheer

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